Legal Opinion
Tougher Industries, Inc. v. Northern Westchester Joint Water Works
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2003PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered September 10, 2002, as granted the defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.
Clauses in construction contracts which bar contractors from recovering damages for delay in the performance of the contract are generally valid and…
2Cases cited9 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- Berger v. Temple Beth-El of Great NeckAppellate Division of the Supreme Court of the State of New York · 2003
- Clifford R. Gray, Inc. v. City School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by5 opinions
- Trataros Construction, Inc. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Montes Corp. v. Charles Freihofer Baking Co.Appellate Division of the Supreme Court of the State of New York · 2005
- American Architectural, Inc. v. MarinoNew York Supreme Court · 2011
- Fils-Aime v. Ryder TRS, Inc.New York Supreme Court · 2006
- Del Pozo v. Impressive Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2006